Animal that, by its behavior, becomes a nuisances to the co-owners or occupants of the immovable by disturbing the peace, tranquility and safety of the co-owners or by affecting the hygienic standards of the immovable. The owner of an animal is bound to make reparation for injury it has caused, whether the animal was under his custody or that of a third person, or had strayed or escaped. A person making use of the animal is also, during that time, liable therefor together with the owner.
The declaration of co-ownership is a contract that orchestrates and regulates the lives of co-owners, lessees and other occupants of the immovable. It represents the guideline for everyone who lives in the immovable.The declaration of co-ownership provides, systematically, that it is up to the board of directors to have its content abided to. However, it happens that people break the rules, in particular by a non-compliant use of a private portion with regard to the destination of the immovable, a noise nuisance and work carried out in violation of the by the laws of the immovable. Other examples illustrate the problems that can occur in the co-ownership, such as an encroachment on a common portion or the improper installation of a floor covering. Anyone who does not abide to the declaration of co-ownership is liable, inter alia, to a legal recourse based on article 1080 of the Civil Code of Quebec . This action may be brought by a co-owner or the syndicate.
26 septembre 2019 — Les copropriétaires d’un immeuble situé en Ontario (le CityPlace) vivent des émotions fortes, depuis que leur syndicat de copropriétaires fait observer une nouvelle règle interdisant les animaux dans l’immeuble. Ceux qui en avaient déjà un, et qui voulaient conserver le droit de le garder, devaient en déclarer la présence avant une date butoir. Ce privilège n’est pas valable pour ceux qui n’ont pas respecté la consigne.
While the declaration of co-ownership of my immovable allows domestic animals in the co-ownership, the board has decided at its last meeting, to which I did not even attend, that my dog was a "harmful animal" and that it was no longer allowed in the compound of the co-ownership. They thus require that I remove it from the co-ownership.
Question: Does the board have such powers?
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